Bill to protect older immigrants moves forward

BOSTON -- A bill to protect from deportation 18- to-20-year-olds who are in the country illegally has taken another step forward on Beacon Hill, prompting concerns from several area legislators.

It's a "terrible bill," said state Rep. Marc Lombardo, a Billerica Republican, saying the legislation would allow the 18- to 20-year-olds to be eligible for social services, welfare benefits, EBT cards and more.

Rep. David Nangle, a Democrat from Lowell, said he understands the bill as simply closing the loophole to grant jurisdiction to family and probate court.

"I'll look closely at the bill, but I don't know how I will vote at this time," Nangle said. "I'm sure amendments will be filed between now and then."

Rep. Steve DiNatale, a Fitchburg Democrat, said he would hold off on commenting on the bill because he has not had an opportunity to review it.

Titled "An Act Relative to Special Juveniles," the bill would let judges rule that 18- to 20-year-old illegal immigrants can remain here if they've been abused or neglected in their former country.

On Monday, the House Ways and Means Committee recommended that the bill should pass, referring it to the House committee on Steering, Policy and Scheduling.

"When you have young immigrants that could be at risk of child abuse or abandonment or neglect, there's a need for Massachusetts Probate Court to be able to properly review these group of immigrants," said state Sen.

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James Eldridge, an Acton Democrat who represents Shirley and is a petitioner for the bill.

"We want to make sure there's a role for the state to evaluate them and see how their home life is and see what their level of safety is," Eldridge added. "We want to make sure no one falls through the cracks."

He said the bill will be placed for a second reading in the House of Representatives.

Filed by state Rep. Louis Kafka, a Stoughton Democrat, the legislation states that the court can rule it's in the best interest of the 18- to 20-year-old immigrants to stay here if there has been abuse, neglect or abandonment as a child. In the past, the court's jurisdiction has been for undocumented immigrants under 18.

The health and safety of the individual should be "of paramount, but not exclusive, concern," according to the bill. When considering the health and safety of the 18- to 20-year-olds, the court would consider whether their present or past living conditions would harm their physical, mental, moral or emotional health.

The court might refer the individual to a probation officer, who would be able to give referrals for psychiatric, psychological, educational, occupational, medical, dental or social services.

Eldridge emphasized that it's important to expand the age qualification for immigrants up to their 21st birthday.

"I haven't spoken to any constituents about these situations, but there's clearly been cases," Eldridge said. "The bill was filed because they do exist."

In 2011, Kafka said constituents started to approach him about 18- to 20-year-olds "falling through cracks in the system" and not getting a hearing that those under 18 were getting.

As a result, Kafka worked on filing the bill to let the courts determine if the 18- to 20-year-olds would be allowed to follow a path toward lawful permanent residence or get deported.

"The bill has the support of a number of people, including the chief justice of Probate Family Court and a number of different organizations," Kafka said. "Some have accused me of fast-tracking this legislation, and that's not the case at all."

Lombardo, the Billerica Republican, is one who questioned the timing.

"I don't know why it's coming out right now, but now more than ever, when there's an incredible influx at the border, it's not the time to make Massachusetts a magnet to hand out taxpayer dollars to those who come here," he said.

"I understand there are those who come to us for the right reasons, but for those who do it the wrong way and take advantage of social services, that's not what the American dream is all about," Lombardo added. "It's about having the opportunity for success, not coming here illegally for the benefit of taxpayer dollars."

Lombardo also questioned how the bill classifies 18- to 20-year-olds as "juvenile," even though it has been well-established that individuals over 18 are adults, he said.

In May, the Joint Committee on the Judiciary reported the bill favorably and referred it to the committee on House Ways and Means.

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